Simplex Railway Appliance Co. v. Wands
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of. Missouri. The. Simplex Hallway Appliance Company, the complainant, below and the appellant in this court, is the owner of letters patent No. 565,481, issued August 11, 1896, to Waldo H. Marshall, as assignor to William V. Kelley, and' is also the owner of letters, patent No. 593,410, issued November 9, 1897, to, Carl, E. Bauer; assignor to William V. Kelley.
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Appeal from the Circuit Court of the United States for the Eastern District of. Missouri. The. Simplex Hallway Appliance Company, the complainant, below and the appellant in this court, is the owner of letters patent No. 565,481, issued August 11, 1896, to Waldo H. Marshall, as assignor to William V. Kelley, and' is also the owner of letters, patent No. 593,410, issued November 9, 1897, to, Carl, E. Bauer; assignor to William V. Kelley. John G. Wands and the American Steel Foundry Company, the defendants below and the appellees here, are the owners of letters patent No. 624,276,. dated May 2,…
1Opinion of the CourtThayer, Circuit Judge
Counsel for the respective parties agree upon the following propositions, which are well established by authority, namely: That upon a bill of this character, filed under section 4918 of the Revised Statutes of the United States, the first question to be determined is whether the patents involved are interfering patents, since the right to relief is grounded on the fact of interference; that patents do not interfere, within the meaning of the patent law, unless the claims of the respective patents, or some of them, cover the same mechanical device or combination; that it is the claim of a…
2Cases cited12 opinions
- McClain v. OrtmayerSupreme Court of the United States · 1891
- Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
- National Hollow Brake-Beam Co. v. Interchangeable Brake-Beam Co.Court of Appeals for the Eighth Circuit · 1901
- Morley Sewing MacHine Co. v. LancasterSupreme Court of the United States · 1889
- McCormick v. TalcottSupreme Court of the United States · 1858
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3Cited by5 opinions
- Solomon v. RenstromCourt of Appeals for the Eighth Circuit · 1945
- International Signal Co. v. Vreeland Apparatus Co.Court of Appeals for the Second Circuit · 1921
- Donner v. American Sheet & Tin Plate Co.U.S. Circuit Court for the District of Western Pennsylvania · 1908
- Dooley Improvements, Inc. v. Central Hanover Bank & Trust Co.District Court, District of Columbia · 1939
- International Signal Co. v. Vreeland Apparatus Co.Court of Appeals for the Second Circuit · 1921